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Delaware Spearfishing Rules Card

Verified against Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Fish and Wildlife sources · July 5, 2026

Island Spear Co
islandspearco.com

Legal status

Saltwater LegalFreshwater Permitted

Spearfishing is legal in Delaware's tidal (salt and brackish) waters. Under 7 DE Admin.

Required: Delaware General Fishing License (plus mandatory free FIN number)

Resident: $8.50 annual (resident fishing license, ages 16-64).

Non-resident: $20.00 annual, or $12.50 for a 7-day non-resident license.

Spearguns: Allowed in tidal waters. 7 DE Admin. Code 3564 expressly permits a spear 'propelled by a gun,' which covers band-powered spearguns.
Pole spears: Allowed in tidal waters. The regulation permits a spear propelled by 'a mechanical or pneumatic device'; a band/elastic-powered pole spear.
On scuba: Not prohibited. The spear-fishing regulation requires the fisherman to be 'submerged in the tidal waters', which inherently contemplates.
Spearing under 7 DE Admin. Code 3564 applies to TIDAL waters and requires the fisherman to be submerged.
A spear may take only 'food fish' for which hook and line is an authorized method under the Department's tidal finfish regulations.
Inside a permitted Delaware artificial reef site, finfish may be taken only by hook and line or spear (7 DE Admin.
In non-tidal (fresh) waters, spears/bows may be used only for carp and northern snakehead (and other non-game/rough species), never for.

Freshwater GAME FISH may not be speared
In tidal waters, any species for which hook and line is NOT an authorized method of take may not be speared
Any species under a harvest moratorium or prohibited-possession rule

Permitted artificial reef sites under Delaware jurisdiction: finfish may be taken only by hook and line or spear; all other methods are unlawful (7.
Bowfishing, and spearing of snakehead/carp, is prohibited on properties managed by the Delaware Division of Parks and Recreation, and anywhere.
Spearing under 7 DE Admin. Code 3564 is limited to tidal waters; game-fish spearing is prohibited throughout non-tidal waters.

Never dive alone: one up, one down.
Check current seasons and sizes the morning of the dive.
Confirm with Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Fish and Wildlife: https://dnrec.delaware.gov/fish-wildlife/